Some people do not view stalking as seriously as other crimes because physical contact does not always occur between the alleged perpetrator and the targeted individual. However, the state treats stalking as a serious crime. If convicted of stalking, you could face prison time and hefty fines.
Fortunately, a seasoned Fort Pierce stalking lawyer from Jonathan Jay Kirschner, Esq., & Associates might be able to help you. Skilled domestic violence attorneys could protect your legal rights and aggressively defend you against the charges.
According to Florida Statutes Section 784.048, stalking occurs when someone harasses another person to the point of causing emotional distress. To convict a defendant of stalking, the prosecutor must prove the following elements beyond a reasonable doubt:
The crime of stalking also includes cyberstalking, which occurs when someone uses electronic communication to send words or images to a specific person or accesses another person’s online accounts without permission..
If the harassment or cyberstalking occurs without a credible threat, a person could face first-degree misdemeanor charges.
However, if the harassment includes a credible threat that causes reasonable fear for the safety of the targeted person or their family or friends—and the accused appears capable of carrying out the threat—the state may elevate the charges to aggravated stalking, a third-degree felony.
Additionally, aggravated stalking charges may apply even without a credible threat, such as when the targeted person is under 16 or has a restraining order against the accused.
Understanding the nuances of the state’s stalking laws often feels confusing, which makes it critical to consult an experienced Fort Pierce attorney.
Although facing stalking charges may feel daunting, a skilled attorney from our firm could review the allegations and help a defendant choose the best path forward. Our attorneys could work closely with a defendant to develop a solid defense strategy. Our legal team could search for inconsistencies in the prosecution’s evidence. For example, they could investigate potential bias in witness statements. They could examine the background and motivation of each witness to determine whether the accuser had a reason to lie, such as gaining an advantage in a divorce or custody battle. To obtain a conviction, the prosecution likely needs more evidence than the accuser’s statements alone. They need to show proof of continued harassment through video or camera footage or saved written communications..
Our skilled legal team could scrutinize the evidence to find alternate explanations for the alleged stalking. A Fort Pierce attorney from our firm could help a defendant gather proof that the alleged stalking served a legitimate purpose. For example, conduct that occurs during a business matter or for other legitimate reasons likely does not constitute stalking. Similarly, conduct that involves a constitutionally protected activity, such as participating in an organized protest, provides a defense against stalking charges..
A stalking conviction could drastically affect your future. You need to work with a knowledgeable legal team that knows how to fight back and help you preserve your freedom.
Contact a seasoned Fort Pierce stalking lawyer from Jonathan Jay Kirschner, Esq., & Associates today to discuss your legal options during a free consultation.
